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Showing 1–24 of 57 articles for “writ of execution”

When Sheriffs Evict Too Fast: The Three-Day Notice Rule in Property Cases

A sheriff who enforced a writ of execution without the required three-day notice was fined P10,000 for grave abuse of authority.

Motion for Reconsideration Stays Execution: Due Process in Land Disputes

A pending motion for reconsideration stays execution of judgment. The Supreme Court explains why a writ of execution cannot bind non-parties.

When Judges Interfere with Writs of Execution: A Lesson in Judicial Conduct

A judge who stopped a sheriff from implementing a writ of execution was fined for conduct unbecoming a judicial officer.

Executing a Labor Judgment Does Not Bar Certiorari: Due Process in Labor Disputes

Forced compliance with a writ of execution does not waive an employer's right to challenge a labor ruling via certiorari, the Supreme Court held.

When Is a Winning Party Liable for a Sheriff's Misconduct in Executing a Writ?

The Supreme Court clarifies when a prevailing litigant can be held liable for damages caused by a sheriff's irregular implementation of a writ of execution.

Finality of Judgment and Contempt: Disbarred Lawyer's Post-Decision Maneuvers Rejected

Supreme Court denies disbarred lawyer's bid to reopen case, cites doctrine of finality, and penalizes defiance with contempt fines and writ of execution.

Sheriffs Must Enforce Writs of Execution Strictly or Face Administrative Liability

A sheriff who accepts less than the full amount stated in a writ of execution and labels it full satisfaction commits simple misconduct.

Sheriff's Failure to Implement Writ of Execution Results in Administrative Penalty

Supreme Court holds sheriff liable for simple neglect of duty after failing to implement a writ of execution for over four years, imposing a two-month salary fine.

Sheriffs' Duty to Enforce Writs Promptly: A Lesson in Administrative Liability

When a sheriff repeatedly fails to implement a writ of execution, the Court steps in. Learn the rules on sheriffs' duties and penalties for neglect.

Tax Refund vs Tax Credit: Execution Requirements in Local Tax Disputes

Philippine Supreme Court clarifies when a writ of execution is needed for tax refunds or tax credits in local tax disputes.

Land Ownership State Title Prevails Over Squatters Rights IN Fort Bonifacio Dispute

A Supreme Court ruling clarifies that when ownership of land is finally adjudicated, the writ of execution may include placing the winning party in possession, even if not expressly stated. This princ

Possession Follows Ownership When a Writ of Execution Implies Possession of Land

Philippine Supreme Court ruling: a writ of execution may place a winning party in possession of land even if the judgment does not expressly say so.

Void Writ of Execution: Supreme Court Nullifies Property Seizure and Auction

A void writ of execution invalidates all actions taken under it, including property levies and auction sales. Learn the rules.

Writ of Execution in the Philippines: A Sheriff's Duty and Liability for Neglect

Explaining a sheriff's ministerial duty in executing writs, and the administrative liability for neglect, based on a Supreme Court ruling.

When Sheriffs Cross the Line: Execution Without a Demolition Order

A sheriff demolished a house using only a writ of execution, without a demolition order. The Supreme Court explains the limits.

Unjust Enrichment: Security Agency Must Return Illegally Garnished NFA Funds

Supreme Court rules security agency must return P8.4M garnished from NFA under a void writ of execution, citing unjust enrichment.

Ejectment Case Recall of Writ of Execution Due to Supervening Event

When can a court recall a writ of execution in an ejectment case? The Supreme Court explains the rule on supervening events.

Execution Pending Appeal: Weighing Discretion and Protecting Creditors' Rights in Philippine Courts

Philippine Supreme Court ruling on final judgments, execution, and the limits of challenging a labor arbiter's writ of execution.

Protecting Registered Landowners: Injunction Against Unlawful Property Seizure

When can a registered landowner stop a sheriff from enforcing a writ of execution? The Supreme Court explains the limits of lis pendens and the protection of Torrens titles.

Protecting the Family Home When Courts Must Investigate Exemption Claims

The Supreme Court voids a writ of execution where the trial court ignored claims that the property was an exempt family home.

Breach of Trust: Attorney's Ethical Duty to Account for Client Funds

A disbarred lawyer's failure to return client funds leads to indirect contempt and a writ of execution, underscoring lawyers' duty to account.

Ministerial Duty vs Discretion: When Clerks of Court Must Obey Orders

A clerk of court cannot refuse to issue a writ of execution based on personal doubts about a judge's order. The Supreme Court explains why.

Sheriffs Duty in Enforcing Writs of Execution and Reporting Requirements

A sheriff's failure to enforce a writ of execution and file required reports constitutes simple neglect of duty, warranting suspension.

Execution Must Reflect Judgment Altering Terms Invalidates Writ

A writ of execution that varies the terms of the judgment it enforces is void. Learn the rule from KKK Foundation v. Judge Calderon-Bargas.